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23 Sep

Can I Be Charged with a DUI for Prescription Drugs?

Posted by David Jones on Sep 23, 2019


In California, it is illegal to drive under the influence of drugs including legal drugs prescribed by a doctor.  California law defines ‘driving under the influence of drugs' as when the drug or drugs impair you to the point that you can no longer drive like a sober under similar circumstances.  If you are pulled over for a routine stop, traffic violation, or accident and an officer suspects that you are under the influence of a drug you can be arrested and charged with a DUI. 

DUI drug charges are investigated and prosecuted differently than that of a DUI involving alcohol.  In alcohol DUI cases, impairment is determined by the blood alcohol content level (BAC) of .08% or higher.  However, in drug DUI cases there is no set blood toxicity level that can determine impairment. 

During the investigation into a DUI drug case, a ‘Drug Recognition Expert' (DRE) conducts a series of tests in a controlled environment to identify impairment.  Blood tests may also be done in order to look for the presence of drugs or specific drugs in someone system. 

However, these DRE tests and blood tests do not always prove impairment and a DUI Defense Lawyer with knowledge and experience in DUI prescription drug cases can reduce charges or potentially get charges dismissed altogether.

Jones Law has extensive negotiation and trial experience in prescription drug DUI cases.  We understand California DUI law inside and out. Let us use our knowledge to defend your rights and freedom.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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